Ruling of the Supreme Court of Ukraine in the case 824/5/25 dated 22 May 2026

Ruling

22 May 2026, Kyiv case No. 824/5/25 proceedings No. 61-5396as26

The Supreme Court, sitting as a panel of judges of the Third Judicial Chamber of the Civil Cassation Court composed of S. O. Karpenko (Judge-Rapporteur), S. Yu. Martiev and I. M. Falovska, deciding on the opening of appellate proceedings on the appeal of Joint Stock Company “State Food and Grain Corporation of Ukraine”, on whose behalf attorney Iryna Viktorivna Bitiukova acts, against the ruling of the Kyiv Court of Appeal of 23 March 2026 issued on the application of the China National Machinery Industry and General Contracting Corporation “China National Complete Engineering Corporation” for recognition and grant of leave to enforce the award of the International Commercial Arbitration of 14 January 2022 No. 4623 on the recovery of a debt from Joint Stock Company “State Food and Grain Corporation of Ukraine” in favour of the China National Machinery Industry and General Contracting Corporation “China National Complete Engineering Corporation”,

ESTABLISHED:

On 21 April 2026, Joint Stock Company (hereinafter, JSC) “State Food and Grain Corporation of Ukraine”, on whose behalf attorney

I. V. Bitiukova acts, generated in the “Electronic Court” subsystem an appeal

(incoming No. 12547/0/220-26), registered by the court on 22 April 2026, against the ruling of the Kyiv Court of Appeal of 23 March 2026.

On 22 April 2026, JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney I. V. Bitiukova acts, generated in the “Electronic Court” subsystem an appeal (incoming No. 12590/0/220-26), registered by the court on 22 April

2026, against the same judicial decision.

By the ruling of the Supreme Court of 24 April 2026, the appeals were left without action and the applicant was granted ten days from the date of service of a copy of that ruling to remedy the deficiencies indicated therein; the applicant received the ruling on 5 May 2026.

On 8 May 2026, JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney I. V. Bitiukova acts, generated in the “Electronic Court” subsystem an application, registered by the Supreme Court on 11 May 2026, to remedy the deficiencies indicated in the ruling of the Supreme Court of 24 April 2026. The deficiencies indicated in the ruling were remedied within the time limit set by the court.

In compliance with the requirements of the ruling of the Supreme Court of 24 April 2026,

JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney I. V. Bitiukova acts, filed an application in which it stated the withdrawal and return of its appeal registered by the Supreme Court on 22 April 2026 under incoming No. 12590/0/220-26.

Regarding the withdrawal of the appeal of JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney I. V. Bitiukova acts, registered by the Supreme Court on 22 April 2026 under incoming No. 12590/0/220-26.

Article 24(2) and Article 351(2) of the Civil Procedure Code (hereinafter, the CPC) of Ukraine provide that the Supreme Court reviews on appeal the judicial decisions of the courts of appeal adopted by them as courts of first instance.

Pursuant to Article 364(3) of the CPC of Ukraine, a person who has filed an appeal has the right to withdraw it before a ruling on the opening of appellate proceedings is issued.

An appeal is also not accepted for consideration and is returned by the court of appeal if, before a ruling on the opening of appellate proceedings is issued, the person who filed the appeal has filed an application for its withdrawal

(Article 357(5)(2) of the CPC of Ukraine).

Taking into account that, at the time the application for withdrawal of the appeal was filed, the court had not opened appellate proceedings on the said appeal, that the right to withdraw an appeal is provided for by procedural legislation, and that such withdrawal of the appeal does not violate the rights of other persons, the court considers it possible to grant the application of JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney I. V. Bitiukova acts, for the withdrawal of its appeal registered by the Supreme Court registered by the Supreme Court on 22 April 2026 under incoming No. 12590/0/220-26.

In such circumstances, the appeal (incoming No. 12590/0/220-26) of JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney

I. V. Bitiukova acts, against the ruling of the Kyiv Court of Appeal of 23 March 2026 in this case is not accepted for consideration and is returned to the person who filed it in connection with its withdrawal, which complies with the requirements of Article 357(5)(2) of the CPC of Ukraine.

Regarding the opening of appellate proceedings on the appeal of JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney

I. V. Bitiukova acts, registered by the Supreme Court on 22 April 2026 under incoming No. 12547/0/220-26.

The appeal (incoming No. 12547/0/220-26) of JSC “State Food and Grain Corporation of Ukraine”, on whose behalf attorney I. V. Bitiukova acts, against the ruling of the Kyiv Court of Appeal of 23 March 2026 has been drawn up in accordance with the requirements of Article 356 of the CPC of Ukraine.

Pursuant to Article 359(3) of the CPC of Ukraine, the ruling on the opening of appellate proceedings specifies the time limit for the participants in the case to submit a response to the appeal and decides the issue of requisitioning the case materials. If applications or motions have been filed together with the appeal, the court, in the ruling on the opening of appellate proceedings, sets the time limit within which the participants in the case must submit their objections to the applications or motions filed, unless otherwise provided for by this Code.

In view of the foregoing, the Supreme Court concludes that appellate proceedings should be opened and the case materials requisitioned from the Kyiv Court of Appeal.

Guided by Articles 24, 351, 354-357, 359-361, 364 of the CPC of Ukraine, the Supreme Court, sitting as a panel of judges of the Third Judicial Chamber of the Civil Cassation Court,

RULED:

To grant the application of Joint Stock Company “State Food and Grain Corporation of Ukraine”, on whose behalf attorney Iryna Viktorivna Bitiukova acts, for the withdrawal of the appeal registered by the Supreme Court on 22 April 2026 under incoming No. 12590/0/220-26.

To return the appeal (incoming No. 12590/0/220-26) of Joint Stock Company “State Food and Grain Corporation of Ukraine”, on whose behalf attorney Iryna Viktorivna Bitiukova acts, against the ruling of the Kyiv Court of Appeal of 23 March 2026 to the person who filed it.

To open appellate proceedings on the appeal (incoming No. 12547/0/220-26) of Joint Stock Company “State Food and Grain Corporation of Ukraine”, on whose behalf attorney Iryna Viktorivna Bitiukova acts, against the ruling of the Kyiv Court of Appeal of 23 March 2026.

To requisition from the Kyiv Court of Appeal the materials of case No. 824/5/25 on the application of the China National Machinery Industry and General Contracting Corporation “China National Complete Engineering Corporation” for recognition and grant of leave to enforce the award of the International Commercial Arbitration of 14 January 2022 No. 4623 on the recovery of a debt from Joint Stock Company “State Food and Grain Corporation of Ukraine” in favour of the China National Machinery Industry and General Contracting Corporation “China National Complete Engineering Corporation”.

To explain to the participants in the case their right to submit to the court, in compliance with the requirements of Article 360 of the CPC of Ukraine, a written response to the appeal within ten days from the date of service of the ruling on the opening of appellate proceedings.

The ruling is not subject to appeal.

Judges S. O. Karpenko

S. Yu. Martiev

I. M. Falovska